Waddell v. Grant/Riverside Med. Care Found.
2017 Ohio 1349
| Ohio Ct. App. | 2017Background
- Rosalyn Waddell (Kenner), an African‑American CT technologist, was employed by OhioHealth from 1991 until termination on May 24, 2012, for allegedly accessing a patient’s records for an unauthorized purpose after an over‑radiation incident.
- On May 16, 2012 a patient was scanned before contrast; a co‑worker (Johnson) failed to send the first images to PACS; Kenner injected contrast and later accessed PACS on May 17 and May 18. She told supervisors she accessed records partly to see if a coworker was lying.
- OhioHealth policy made unauthorized access to confidential patient information a terminable offense and required prompt reporting of radiology reportable events; termination paperwork referenced delay in reporting and unauthorized PACS access.
- Kenner sued under R.C. Chapter 4112 for race discrimination, relying on Lori Shoemaker (white) as a comparably situated employee who allegedly was treated more favorably.
- A jury returned a verdict for Kenner: compensatory and punitive damages. The trial court later granted OhioHealth’s motion for JNOV (or alternatively a new trial), finding OhioHealth had articulated a legitimate, non‑discriminatory reason (unauthorized access) and Kenner failed to prove pretext. This appeal affirmed the trial court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Prima facie (similarly situated comparator) | Kenner: she and Shoemaker had same job, supervisors, standards; Shoemaker was treated better. | OhioHealth: Shoemaker’s conduct (contacting patient at radiologist’s direction) differed from Kenner’s unauthorized PACS access and improper purpose. | Court: Kenner met prima facie burden (not onerous); similarity at prima facie stage was close but sufficient. |
| Employer articulated legitimate, non‑discriminatory reason | Kenner: OhioHealth’s stated reasons shifted; jury should weigh credibility. | OhioHealth: Termination was for unauthorized access to patient records — a clear, terminable policy violation. | Held: OhioHealth met its production burden; stated reason was clear and reasonably specific as a matter of law. |
| Pretext / honest‑belief doctrine | Kenner: employer’s reasons were false, shifted, and inconsistent; jury should have found pretext. | OhioHealth: evidence shows honest belief based on particularized facts (admissions of improper purpose); Kenner offered no competent evidence of pretext. | Held: Evidence insufficient to show pretext or that race was the real reason; employer had an honest belief—JNOV proper. |
| New trial & punitive damages/attorneys' fees | Kenner: jury verdict and awards should stand. | OhioHealth: verdict contrary to law and against weight of evidence; alternative new trial warranted. | Held: Trial court did not abuse discretion in granting new trial alternative; punitive damages and fee rulings rendered moot by affirmance of JNOV. |
Key Cases Cited
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (establishes burden‑shifting framework for discrimination cases)
- Texas Dept. of Community Affairs v. Burdine, 450 U.S. 248 (explains employer's production burden and that it need not prove truth of reasons)
- St. Mary's Honor Ctr. v. Hicks, 509 U.S. 502 (plaintiff must show employer's reason was false and discrimination was real reason)
- Plumbers & Steamfitters Joint Apprenticeship Commt. v. Ohio Civil Rights Comm., 66 Ohio St.2d 192 (Ohio adoption of McDonnell Douglas framework)
- Eastley v. Volkman, 132 Ohio St.3d 328 (standard of review for JNOV/directed verdict in Ohio)